Bilateral Air Service Agreements (BASAs) and How They Influence Overflight & Landing Permits

22 December 2025

| By Just Aviation Team

Table of Contents

In global aviation, Bilateral Air Service Agreements (BASAs) quietly dictate which skies airlines can cross and where they can land. Their influence on overflight and landing permits goes far beyond paperwork; they shape competition, open or restrict markets, and define the balance of power between nations. Understanding their importance reveals how political strategy and aviation freedom intertwine above the clouds.

What are Bilateral Air Service Agreements (BASAs)?

Bilateral Air Service Agreements are formal treaties between two countries that set the rules for international air services. They establish which airlines (or designated carriers) may operate flights between the countries and on which routes. Under the Chicago Convention, scheduled international airline flights always need explicit permission (a “traffic right”) from each country they use.

Many modern BASAs are Open Skies agreements that eliminate most route, frequency or capacity limits; in effect giving carriers full freedom to schedule flights between the signatories (For example, the U.S. has pursued an open-skies policy since 1992 and now has such agreements with over 100 partners).

Rights of Non-Scheduled Flights Under the Chicago Convention

By contrast, non-scheduled flights (like private business jet charters) are treated differently. The Chicago Convention (Article 5) expressly grants all private or charter flights the right to transit another country’s airspace without prior permission, and to land only for non-traffic purposes (fuel, etc.).

In theory, Article 5 grants these transit rights without prior permission. However, in practice, sovereignty prevails: many states still legally require permits for any foreign aircraft (private or commercial) to ensure security and safety compliance. Consequently, operators cannot assume automatic entry based solely on the Convention.

Bilateral Air Service Agreements (BASAs) and the Continuing Need for Overflight & Landing Permits

In practice, nearly every country requires prior clearance for foreign flights to enter its airspace or land; even general aviation. A permit is an official authorization from the local Civil Aviation Authority (CAA) to overfly or land. While BASAs primarily cover scheduled airlines, some agreements do include limited provisions for non-scheduled (charter) services. However, these are rare exceptions; most agreements do not exempt charter or private flights from standard permit rules.

In other words, even if your departure and destination countries have an open-skies treaty, that pact doesn’t waive the need for overflight/landing permits on each leg. Each CAA will apply its own rules: for example, it may exempt purely private flights (owner onboard), but require permits for any revenue charter. Often overflight permits (for simply passing through airspace) and landing permits (for actual stops) must be filed days in advance. If no BASA exists at all between two countries, the process can be even stricter; as one Caribbean authority explains, a lack of agreement may force lengthy public notice and review procedures.

How Bilateral Air Service Agreements (BASAs) Influence Permit Requirements

Scope of Rights

A BASA defines what traffic rights (the “freedoms of the air”) each side grants. Open-Skies BASAs eliminate most commercial restrictions. But by design they don’t eliminate safety and regulatory controls. So even with an open-skies ASA, general aviation flights must still comply with standard permit procedures of each country. For example, the U.S.–EU Open Skies agreement allows airlines unlimited access, but a non-U.S. private jet still files a flight plan and obtains a landing permit for, say, France, just as any foreign GA flight would.

Different Treatment of Private vs. Charter

Many CAAs distinguish owner-operated private flights from commercial charters. For example, the UK CAA explicitly states that private flights (owner onboard) require no special Foreign Carrier Permit. By contrast, any charter (paid-service) needs a permit. Similarly, in the EU a private business jet is generally exempt from the United Kingdom Third-Country-Operator (TCO) commercial-authority rules, whereas a charter operator must have an EASA TCO authorization. These distinctions often stem from each country’s implementing rules rather than the BASA itself.

Reciprocity and Reciprocity Statements

If no BASA exists between two countries, most states will deny automatic overflight or landing rights. They may require a formal reciprocal undertaking or special authorization from their government. For example, Barbados notes that a carrier from a country without an ASA must go through an extra “advertisement of application” and inquiry process, delaying approval up to 12 weeks. In practice, if your country has no ASA with Country X, you should expect additional paperwork (and possibly denial) for even overflights.

Example Scenarios and Tips

Never assume a BASA exempts you from local regulations. Confirming requirements through CAA websites, AIPs, or official notices is crucial. Treat each overflight as a separate application, allowing 1–5 business days for processing and keeping approvals on board. Just Aviation coordinates directly with CAAs to secure all permits and clearances efficiently, ensuring every step of the process is completed on time and without hassles for seamless, compliant flight operations.

Open-Skies Route (USA→UK, private flight)

A U.S.-registered bizjet (owner onboard) plans a non‑commercial flight New York→London. The U.S.–UK Open Skies agreement means airlines can operate freely, but more importantly for GA: the UK CAA does not require a landing or overflight permit for a genuine private flight.

Filing your flight plan correctly is essential, ensuring the owner-operator status is clear (file as “private,” not “N” charter). No UK permit is needed, but the aircraft must land at an airport of entry and comply with ICAO regulations. Crucially, ‘no permit’ does not mean ‘no paperwork.’ Operators must still submit a General Aviation Report (GAR) for customs and border security well in advance of arrival. By contrast, if it were a charter flight with chartered passengers, the operator would need a UK Foreign Carrier Permit before departure.

EU Destination (Canada→France, charter)

A Canadian business jet (carrier with AOC) plans a charter flight Montréal→Paris. Canada‑France has a bilateral ASA, but since this is a non-scheduled paid service, the operator must follow EU rules. All non-EU commercial operators need an EASA TCO certificate and must obtain French landing permits.

Applying for the French landing permit well in advance through the local CAA or a handling agent is essential. Ensure the operator has obtained EU TCO authorization (30 days prior, unless using a one-off permit). Even though an ASA exists, these remain separate regulatory requirements for non-scheduled flights.

No ASA (Country A→Country B, charter)

Suppose a business jet from Country A has no air services agreement with Country B, but wants to fly there. (E.g., a private charter from Europe to a remote island with no current ASA.) Under Chicago Art. 5 the jet should have transit rights, but in practice Country B will treat it as a special case.

Contacting Country B’s aviation authority well in advance is essential. A full application for entry or landing permission may be required, possibly including a reciprocal statement (as with North Macedonia) and public notice. Allow sufficient lead time and be prepared to justify the flight (safety, maintenance, etc.). If permission is denied, plan to reroute or use an alternate country for fuel or clearance.

Multi‑Leg Flight (Swiss→Nigeria via Turkey)

A Swiss corporate jet flying Zürich→Lagos with a technical stop in Istanbul. Switzerland–Turkey and Switzerland–Nigeria have ASAs (Turkey’s with many countries is open). But regardless, the operator needs a Turkey overflight/landing permit for the Istanbul stop, and a Nigeria landing permit.

Obtain Turkey’s overflight or landing permit through the Turkish DGCA (Switzerland holds an ASA with Turkey). For Nigeria, apply via the Nigerian CAA or an authorized permit service. In both cases, confirm whether ‘private’ status provides any exemptions. For instance, Turkey’s 12-passenger seat limit applies specifically to foreign commercial charters to protect local carriers, whereas genuine private flights are typically exempt from this commercial restriction.

FAQs

1. What’s the difference between “traffic rights” and “operating permissions” for business jets?

Traffic rights are the freedoms of the air defined in BASAs; they regulate who can carry passengers or cargo for hire between two points. Operating permissions, on the other hand, are administrative authorizations (overflight and landing permits) granted by civil aviation authorities.

For business jets, BASAs rarely grant traffic rights directly; instead, operators must seek case-by-case permits since their flights fall under non-scheduled international operations (Annex 6, Part II).

2. Can a business jet operator use the same bilateral rights as national airlines under an existing BASA?

Not directly. BASAs typically name specific designated carriers (flag airlines) eligible for commercial routes. A non-scheduled operator (even if based in a signatory state) is not automatically designated. To conduct flights beyond private use (i.e., commercial charters), the operator must hold an Air Operator Certificate (AOC) recognized by the destination authority or apply for ad-hoc charter clearances under that state’s regulations (as referenced in ICAO Doc 9626).

3. How does a “lack of reciprocity” between states affect permit approvals?

If no BASA or reciprocal aviation framework exists, the destination authority may apply a “reciprocity test” before granting overflight or landing permission. This means the foreign operator’s home country must also offer equivalent access to the requesting country’s aircraft.

Where reciprocity cannot be demonstrated, approvals are often downgraded to one-time permits, or additional documentation is required; such as a statement from the home CAA confirming reciprocal access.

4. What documents are typically requested by CAAs for a non-scheduled landing permit under BASA conditions?

While requirements differ by jurisdiction, most CAAs request:

Airworthiness Certificate and Registration Certificate
AOC or Private Operation Declaration
Insurance Certificate (ICAO-compliant)
Noise Certificate (per ICAO Annex 16, Volume I)
Flight Itinerary and Passenger Manifest
Purpose of Flight (business, medical, ferry, etc.)

For ad-hoc charters, proof of charter agreement or invoice may also be required to establish non-scheduled status.

5. Do Open Skies BASAs reduce permit processing times for business jets?

No. Open Skies agreements do not legally mandate reduced permit processing times for business aviation. However, the cooperative regulatory environment between partners often results in smoother communication; which can indirectly lead to shorter processing times, simplified coordination between CAAs, or even online permit submission portals. For instance, under open BASAs, overflight lead times may drop to 24–48 hours, compared to 3–5 days for non-partnered states.

6. Are overflight permits required when crossing oceanic FIRs between BASA partners?

Yes, unless the FIR (Flight Information Region) lies in international airspace managed by an FIR state on behalf of ICAO; such as North Atlantic or Pacific regions. Even then, the operator must file an ICAO-compliant flight plan (per Annex 2, Appendix 2). Where an FIR is sovereign territory (e.g., over a coastal nation), an overflight permit is still mandatory; regardless of BASA status; since it involves controlled sovereign airspace.

Understanding how Bilateral Air Service Agreements affect permit requirements helps business jet operators plan efficiently and avoid regulatory delays. With Just Aviation, we are offering expert guidance through complex aviation frameworks, operators can navigate international routes confidently while maintaining compliance with every CAA mandate for safer, uninterrupted global operations.

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